Palanichamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Palanichamy ... Petitioner/Sole Accused Vs The Inspector of Police, Vanniyampatti Vilaku Police Station, Virudhunagar District.
(Crime No. 213 of 2023) ... Respondent/Complainant For Petitioner :
Mr.R.J.Karthick, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.213/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 406, 417, 420, 294(b) and 506 (i) of IPC in Crime No.213 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner received a sum of 1/4
Rs.9,67,000/- from the defacto complainant by giving a false promise that he will get a job. After receiving the amount, the petitioner neither secured the job nor repaid the amount. Hence, the complaint.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. However, the petitioner is ready to abide by any condition imposed by this Court.
4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner received a sum of Rs.9,67,000/- from the defacto complainant by giving a false promise that he will get a job. Hence, he strongly opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and considering the fact that the petitioner is ready to deposit some amount, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Srivilliputhur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction 2/4
of the learned Magistrate concerned and on further conditions that: (a) the petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees Two lakhs only) to the credit of the said crime number within a period of two weeks without prejudice to his rights and contentions before the trial Court. (b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioner shall report before the respondent police weekly once i.e., every Saturday at 10.30 a.m until further orders; (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 3/4
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SKN TO 1 THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, VANNIYAMPATTI VILAKU POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-8202[I] dated 22/07/2024 )
ORDER
IN CRL OP(MD) No.6693 of 2024 Date :19/07/2024 RS/VR/SAR-(30.07.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4